§ 420-11.3 R (Restaurant, Mobile)

The operation of the mobile restaurant or use of a generator should not be loud enough to be plainly audible at a distance of 100 feet away. Excessive complaints about vehicle or generator noise will be grounds for the Administrator to require that the mobile restaurant vendor change location on the site or move to another property.

No music shall be played that is audible outside of the vehicle.

A mobile restaurant may operate: (a) On public, commercially zoned property; (b) Private, commercially zoned property with written permission from the owner; or (c) In Jordan's Point Park, Richardson Park or Brewbaker Field Sports Complex with a written agreement with the City of Lexington.

Mobile restaurants must maintain a valid business license issued by the City of Lexington and a valid health permit issued by the Virginia Department of Health.

The requirements of this section shall not apply to mobile restaurant vendors at catered events (events where the food is not sold through individual sales but provided to a group pursuant to a catering contract with a single payer).

No mobile restaurant shall locate within 100 feet of a single-family or two-family residential use.

No mobile restaurant shall locate within 50 feet of the entrance to a business that sells food for consumption (determined by measuring from the edge of the mobile restaurant to the main public entrance of the restaurant) unless permission of the restaurant owner is provided.

A mobile restaurant may operate at any farmer's market held on public or private property, if the food truck vendor is legally parked at the farmer's market and has received written permission from the farmer's market manager and displays such written permission upon request.

No items shall be sold other than food and beverages.

Vehicles may be otherwise limited by the City depending on the location or other details of the mobile restaurant permit application.

No liquid wastes shall be discharged from the mobile restaurant.

A mobile restaurant may operate for a maximum of six hours between 9:00 a.m. and 9:00 p.m. Sunday to Thursday and between 9:00 a.m. to 11:00 p.m. Friday and Saturday (including set-up and break-down) in any one day at any single location. The vehicle and all accessory structures shall be removed each day.

Mobile restaurants must obtain a City mobile restaurant permit, and must be inspected and approved by the City at least three business days prior to initial operation and again prior to annual business license renewal.

A mobile restaurant permit may be revoked by the Zoning Administrator at any time, due to the failure of the property owner or operator of the mobile restaurant permit to observe all requirements for the operation of mobile restaurants. Notice of revocation shall be made, in writing, to the address of record for the mobile restaurant permit holder. Any person aggrieved by such notice may appeal the revocation to the Board of Zoning Appeals.

Trash receptacles shall be provided, and all trash, refuse, or recyclables generated by the use shall be properly disposed of off-site by the mobile restaurant operator.

Mobile restaurant vehicles must park in locations or areas as approved in the City mobile restaurant permit, and shall not block the main entry drive aisles or impact pedestrian or vehicular circulation overall, other access to loading areas, or emergency access and fire lanes. The mobile restaurant must also be positioned at least 15 feet away from fire hydrants, any fire department connection (FDC), driveway entrances, alleys and handicapped parking spaces.

No signs may be displayed except: (a) Those permanently affixed to the vehicle; and (b) One, a framed sign not to exceed four feet in height and six square feet of display for each of the two sides and the sign cannot block any passageways.